LEGAL/PRIVACY

Policy dated December 1, 2008

Privacy Policy

Franzia Vineyards is committed to protecting your privacy. The information we collect while you are visiting our site is used to provide you with a more personalized and richer experience. Please read further for details.

How does Franzia Vineyards collect information?

Your IP Address

Your IP address is a unique identifier we may use to help diagnose problems with our server and to administer our Website tracking. We also may use your IP address to help identify you and to gather broad, demographic information.

Cookies

Franzia Vineyards may use a feature on your Internet Web browser called a "cookie." A cookie is a small piece of information stored on your hard drive. It assigns a unique identification number to your computer and helps us maintain your preferences between visits to provide a personalized experience for you.

Franzia Vineyards may use cookies to tell us whether or not you have visited our Website before and to track click-throughs to any of our advertisements. We also collect non-personally identifiable information, such as anonymous session numbers, with cookies.

Franzia Vineyards may allow other companies that are presenting advertisements on some Franzia Vineyards pages to set and access cookies on your computer. Franzia Vineyards does not control cookies from third-party advertisers. Other companies' use of their cookies is subject to their own privacy policies, not the privacy policy of Franzia Vineyards. Advertisers or other companies do not have to access to Franzia Vineyards cookies. The use of advertising cookies sent by third-party servers is standard in the Internet industry.

What About Personally Identifiable Information? Do You Collect That?

Franzia Vineyards does not house or collect any personally identifiable information about you unless you knowingly provide it.

Contests and Promotions

When you enter a contest or take part in a promotion, we may ask for your name, mailing address and email address. Should a third party sponsor the contest or promotion, that party will have access to this information. We need this information in order to notify our winners and, when applicable, ship the winners' prizes.

Does Franzia Vineyards Ever Share Information with Other Parties?

Disclosure of Information to Outside Parties

Franzia Vineyards does not and will not share your with any outside parties unless you have knowingly consented to do so (e.g., by entering a contest, promotion or sweepstakes for which we would publish a list of winners). We may collect demographic and profile data, which is aggregated and shared with advertisers. Here's an example of what our advertisers would receive. "Of the 25,371 clicks your banner received, 38% of those were by users between the ages of 25-34."

Links to Outside Third Parties

Franzia Vineyards may establish relationships with reputable business partners by creating a link between our sites. Franzia Vineyards chooses its business partners carefully. We are not, however, responsible for the content, maintenance or privacy policies of those sites. Once you click over to a third-party site, we encourage you to check their privacy policy.

Franzia Vineyards may contain links to other sites whose information practices may be different than the information practices of Franzia Vineyards. Users who click over to a third-party site from a link on Franzia Vineyards must be aware that Franzia Vineyards makes no warranties with regard to that site's policies or business practices. Franzia Vineyards is not responsible for any transactions that occur between the user and the third-party site. Please consult the other sites' privacy policies as Franzia Vineyards has no control over information that is submitted to, or collected by, these third parties. Should a user purchase any products or services from that third-party site, the user must contact the third-party site directly regarding any disputes that might occur, including, but not limited to: delayed shipping, missing products, damaged goods, or pricing or billing discrepancies. Franzia Vineyards is not responsible for the actions of any third-party site.

Security

Franzia Vineyards has security measures in place to protect the loss, misuse and alteration of the information under our control. We are able to keep your personally identifiable information safe and secure by utilizing Secure Socket Layers (SSL) encryption technology.

Contacting the Website

If you have any questions regarding this privacy statement, the practices of this site or your dealings with this Website, you may contact:

Site User Agreement

User Agreement

Terms of Use

Use of this site signifies your agreement with the following terms of use. If you do not agree with any of these terms of use, please do not use this site. Franzia Vineyards (the "Company") reserves the right, in its sole discretion, to modify these Terms of Use at any time and you agree to be bound by such modifications through your use of the Company's site.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

FRANZIA® and WINETAP® are registered trademarks of the Company. All other marks indicated by the ™ or ® registration mark are trademarks held by their respective owners.

All materials on this site, including, but not limited to, images, illustrations, audio clips, video clips (the "Materials") are protected by copyrights which are owned or licensed by the Company. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from http://www.Franzia.com or any other web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company's copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company.

SUBMISSIONS

Although comments and questions are welcomed, the Company does not accept unsolicited submissions or creative ideas for its Company programs, promotions, or products. Any bulletin board postings, messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of the Company. Furthermore, the Company is not responsible for the confidentiality of any information communicated to the Company web site. By communicating Materials to the Company's site, you are granting the Company a royalty-free, non-exclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform and display the Materials for any purpose, including, but not limited to, advertising and promotional purposes.

The Company is not responsible for the content of any other sites which may be linked to http://www.Franzia.com These links are provided for your convenience only and you access them at your own risk.

DISCLAIMERS

By using this web site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, agents, distributors and affiliates for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.

THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE WEB SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.

The Materials provided on this web site are for entertainment and promotional purposes only. Neither the Company, nor its officers, directors, employees, agents, distributors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Company's web site.

TERMINATION

The Company may, in its sole discretion, terminate or suspend your access to all or part of the site. In the event this agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities and limitations of liabilities set forth in this agreement shall survive any such termination.

JURISDICTION

This site is controlled and operated by the Company from the Company's headquarters in San Francisco, CA. The Company does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

This agreement shall be governed by and construed in accordance with the laws of the State of California, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of California. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the site, and the agreement may be modified by the Company at any time.

Contacting the Website

If you have any questions regarding this privacy statement, the practices of this site or your dealings with this Website, you may contact: